WASHINGTON — Former Special Counsel Jack Smith is facing renewed scrutiny after House Judiciary Committee Chairman Jim Jordan referred him to the U.S. Department of Justice for possible criminal investigation, alleging Smith made false statements during congressional testimony regarding his investigation into President Donald Trump.
The referral centers on Smith’s December 2025 testimony before the House Judiciary Committee. Jordan alleges newly released Justice Department records contradict Smith’s statements about whether his investigative team accessed the contents of text messages involving members of Congress during the federal investigation into Trump’s efforts to challenge the 2020 presidential election.
According to Jordan, documents obtained by congressional investigators indicate Smith’s team reviewed the contents of text messages involving dozens of lawmakers after obtaining records through a subpoena to the National Archives. Jordan argues Smith’s testimony gave Congress the impression that investigators had obtained only telephone metadata, commonly known as toll records, rather than the actual content of communications.
The House Judiciary Committee has asked the Justice Department to determine whether Smith violated federal law by knowingly making false statements to Congress. A congressional criminal referral, however, does not require the Justice Department to open an investigation or file charges. Federal prosecutors independently determine whether sufficient evidence exists to proceed.
Smith’s attorneys have strongly denied the allegations, maintaining that his testimony was truthful and accurately reflected the questions he was asked during the deposition. They contend the referral mischaracterizes his statements and argue he distinguished between obtaining toll records and the separate legal process used to obtain message content.
Democratic members of the House Judiciary Committee also criticized the referral. Ranking Member Jamie Raskin called the allegations politically motivated and argued Republicans are misrepresenting Smith’s testimony.
The controversy follows the release of documents by Senate Judiciary Committee Chairman Chuck Grassley and Sen. Ron Johnson, who have raised additional questions about investigative procedures used during the Trump investigations, including allegations that Smith’s team reviewed communications involving 44 members of Congress.
Smith previously led two high-profile federal prosecutions against President Trump involving classified documents and alleged efforts to overturn the 2020 election. Both cases were dismissed after Trump’s election victory, consistent with longstanding Justice Department policy prohibiting the prosecution of a sitting president.
Whether the Justice Department ultimately opens a formal criminal investigation remains unclear. Officials acknowledged receipt of the congressional referral but have not announced any decision regarding potential investigative action.
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